Limited Warranty - Thermal Solutions EVO-500 Installation, Operating And Service Instructions

LIMITED WARRANTY

Subject to the terms and conditions herein and except
as provided below with respect to products or parts not
manufactured by Thermal Solutions, Seller warrants to the
original owner at the original installation site that products
manufactured by Seller ("Products") comply, at the time of
manufacture, the heat exchanger with recognized hydronics
industry regulatory agency standards and requirements
then in effect and will be free from defects in materials and
workmanship for a period of 5 years from date of shipment
(the "Warranty Period"). The burner is also covered under
the limited warranty for 10 years from date of shipment (the
"Warranty" Period).
For products or parts not manufactured by Thermal Solutions,
the warranty obligations of Thermal Solutions shall, in all
respects, be limited to one year.
REMEDY
A. The sole remedy for breach of this warranty is expressly
limited to the repair or replacement of any part found to
be defective under conditions of normal use within the
Warranty Period. Labor for removal and/or installation is
not included.
B. Warranty - The owner must notify the original installer of
the Product and Seller (Attention: Thermal Solutions, P.O.
Box 3244, Lancaster, PA 17604-3244), in writing, within
the Warranty Period, providing a detailed description of
all claimed defects. Transportation to a factory or other
designated facility for repairs of any products or items
alleged defective shall, in all events, be the responsibility
and at the cost of the owner.
EXCLUSIONS
Seller shall have no liability for and this warranty does not
cover:
A. Incidental, special or consequential damages, such as
loss of the use of products, facilities or production,
inconvenience, loss of time or labor expense involved in
repairing or replacing the alleged defective Product.
B. The performance of any Product under conditions varying
materially from those under which such Product is usually
tested under industry standards as of the time of shipment.
C. Any damage to the Product due to abrasion, erosion,
corrosion, deterioration, abnormal temperatures or the
influence of foreign matter or energy.
D. The design or operation of owner's plant or equipment
or of any facility or system of which any Product may be
made a part.
E. The suitability of any Product for any particular
application.
Thermal Solutions
("seller")
LIMITED WARRANTY
F. Any failure resulting from misuse, modification not
authorized by Seller in writing, improper installation or
lack of or improper maintenance.
G. Equipment furnished by the owner, either mounted or
unmounted, or when contracted for by the owner to be
installed or handled.
H. Leakage or other malfunction caused by:
1. Defective installations in general and specifically, any
installation which is made:
a. in violation of applicable state or local plumbing
housing or building codes,
b. without a certified ASME, pressure relief valve, or
c. contrary to the written instructions furnished with
the unit
2. Adverse local conditions in general and, specifically,
sediment or lime precipitation in the tubes and/or
headers or corrosive elements in the atmosphere.
3. Misuse in general and, specifically, operation and
maintenance contrary to the written instructions
furnished with the unit, disconnection, alteration or
addition of components or apparatus, not approved by
seller, operation with fuels or settings other than those
set forth on the rating plate or accidental or exterior
damage.
I. Production of noise, odors, discoloration or rusty water.
J. Damage to surrounding area or property caused by leakage
or malfunction.
K. Costs associated with the replacement and/or repair
of the unit including: any freight, shipping or delivery
charges, any removal, installation or reinstallation charges,
any material and/or permits required for installation
reinstallation or repair, charges to return the boiler and or
components.
Seller's liability under this warranty shall not in any case
exceed the amount paid for the Product found to be defective.
THIRD-PARTY WARRANTIES
For goods or components not manufactured by Seller, the
warranty obligations of Seller shall, in all respects, conform
and be limited to one year from the date of shipment
SEVERABILITY
To the extent that any provision of this warranty would be void
or prohibited under applicable law, such provisions shall be
limited in effect to the minimum extent necessary to render the
remaining provisions hereof enforceable.
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